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Where Taxpayers and Advisers Meet

Getting gifted and then selling a farmhouse

Farmer1
Posts:7
Joined:Sat Aug 31, 2019 8:39 am
Getting gifted and then selling a farmhouse

Postby Farmer1 » Sat Aug 31, 2019 9:03 am

What are the CGT implications of being gifted a share in a farmhouse then selling within the tax year?

I currently own the other share and have lived in since it was acquired.

Thanks

AdamS93
Posts:268
Joined:Tue Sep 26, 2017 6:28 pm

Re: Getting gifted and then selling a farmhouse

Postby AdamS93 » Sun Sep 01, 2019 8:12 am

It would depend on who is gifting it to you.

pawncob
Posts:5099
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: Getting gifted and then selling a farmhouse

Postby pawncob » Sun Sep 01, 2019 12:29 pm

The donor is liable for any CGT due on the gift.(gift is at market value)
You'll pay CGT on any gain on disposal (subject to your PPR exemption)
With a pinch of salt take what I say, but don't exceed your RDA

Farmer1
Posts:7
Joined:Sat Aug 31, 2019 8:39 am

Re: Getting gifted and then selling a farmhouse

Postby Farmer1 » Mon Sep 02, 2019 10:47 am

The share in the farmhouse is being gifted from my brother.

The gift is exempt from CGT as it is an agricultural property.

Is there a risk we get caught in the transaction in uk land legislation as the farmhouse will almost immediately be sold?

Thanks

pawncob
Posts:5099
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: Getting gifted and then selling a farmhouse

Postby pawncob » Mon Sep 02, 2019 12:26 pm

Agricultural property is not exempt from CGT.
With a pinch of salt take what I say, but don't exceed your RDA

Farmer1
Posts:7
Joined:Sat Aug 31, 2019 8:39 am

Re: Getting gifted and then selling a farmhouse

Postby Farmer1 » Mon Sep 02, 2019 12:35 pm

Sorry I meant to say that it was eligible for gift holdover relief as it is agricultural property.

bd6759
Posts:4267
Joined:Sat Feb 01, 2014 3:26 pm

Re: Getting gifted and then selling a farmhouse

Postby bd6759 » Mon Sep 02, 2019 1:41 pm

Sorry I meant to say that it was eligible for gift holdover relief as it is agricultural property.
I wouldn't take that for granted.

To answer you main question, the transactions in land rules will not apply. There needs to be some form of development, not simply a quick sale.

Farmer1
Posts:7
Joined:Sat Aug 31, 2019 8:39 am

Re: Getting gifted and then selling a farmhouse

Postby Farmer1 » Mon Sep 02, 2019 1:44 pm

As I read it if it qualifies for agricultural property reliefunder the IHTA it would be eligible for gift holdover relief.


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